My management would like to insert Policy of Conflict of Interest into existing employment contract. They want the employee to sign a Addendum contract for this policy. Anyone can help how to goes on it ?
From Malaysia, Kuala Lumpur
From Malaysia, Kuala Lumpur
Dear Vivian,
First and foremost, you need to be clear about meanings of few definitions. My clarification is as below
1. Addendum is used to add or delete certain clause from contract agreement. While grammatical use of this word might be correct, to inform the change in conditions of employment, this phrase is not used.
2. You cannot insert policy in the contract agreement.
3. When employer issues appointment letter, it is contract under the provisions of Indian Contract Act, 1872. Nevertheless, the contracts are used to do business with contractors, service providers etc. While dealing with employees, the term used is conditions of employment.
4. For your convenience, issue a supplementary letter to each employee about conflict of interest. Take their signature and retain the delicate copy in the respective employee's file. However, it depends on the strength of employees. If the strength of employees is in thousands then you may just obtain acknowledgement from each employee for having "read and understood" the contents of the policy.
Thanks,
Dinesh Divekar
From India, Bangalore
7736First and foremost, you need to be clear about meanings of few definitions. My clarification is as below
1. Addendum is used to add or delete certain clause from contract agreement. While grammatical use of this word might be correct, to inform the change in conditions of employment, this phrase is not used.
2. You cannot insert policy in the contract agreement.
3. When employer issues appointment letter, it is contract under the provisions of Indian Contract Act, 1872. Nevertheless, the contracts are used to do business with contractors, service providers etc. While dealing with employees, the term used is conditions of employment.
4. For your convenience, issue a supplementary letter to each employee about conflict of interest. Take their signature and retain the delicate copy in the respective employee's file. However, it depends on the strength of employees. If the strength of employees is in thousands then you may just obtain acknowledgement from each employee for having "read and understood" the contents of the policy.
Thanks,
Dinesh Divekar
From India, Bangalore
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Enforcement of negative covenants in employment terms.pdf